SCHEDULES

SCHEDULE 3Special educational needs: consequential amendments

PART 1Amendments to the Education Act 1996

I141

1

Section 441 (choice of school: child with statement of special educational needs) is amended as follows.

2

In subsection (1)—

a

after “maintain” insert “ an EHC plan (in the case of a local authority in England) or ”, and

b

after “section 324” insert “ (in the case of a local authority in Wales) ”.

3

In subsection (2) after “Where the” insert “ EHC plan or ”.

4

In subsection (3)—

a

after “Where the” insert “ EHC plan or ”, and

b

after “amend the” insert “ EHC plan or ”.

5

After subsection (3A) insert—

3B

An amendment to an EHC plan required to be made under subsection (3)(a) shall be treated as if it were an amendment made following a review under section 44 of the Children and Families Act 2014, and that section and regulations made under it apply accordingly.

6

In subsection (4)—

a

in paragraph (a) after “maintain” insert “ an EHC plan or ”, and

b

in paragraph (b) after “specified in the” insert “ plan or ”.

7

In the title, after “with” insert “ EHC plan or ”.